St George's University Hospitals NHS Foundation Trust

Case Summary

An EAT appeal concerning procedural fairness rather than the merits. The ET refused to postpone a final hearing on unfair dismissal and disability discrimination claims when the appellant's trade union representative became unwell on 29 November 2024, one day before the hearing. Mr Justice Bourne upheld the ET's discretionary decision, finding no material error of law and that the ET was entitled to conclude the circumstances were not exceptional under rule 30A.

The ET did not err in exercising its discretion to refuse postponement. Although the ET's fact-finding analysis showed some scepticism about the circumstances (particularly regarding the timing of the deterioration and lack of alternative representation), the ET was entitled to find the case factually straightforward and turning on an investigation of facts rather than complex legal argument. The ET validly considered delay as an important factor and was entitled to conclude that the appellant could receive a fair hearing without representation, particularly given the weakness of the claimant's witness statement.

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• •Whether the ET erred in refusing to postpone the final hearing on grounds of illness of the claimant's trade union representative
• •Whether the ET's exercise of discretion under rule 30A was within the generous ambit of reasonableness
• •Whether fairness, Article 6 rights, and the principle of equality of arms required postponement
• •Whether a claimant can receive a fair hearing without legal representation in unfair dismissal and disability discrimination claims

The full source document is available from the official publication page.